§ 8-2103. Same; adopting of provisions.

The following provisions are adopted as the City of Atlanta Elevator Code, 1990 Edition:

CHAPTER I

ADMINISTRATION

SECTION 101 TITLE AND SCOPE

101.1. Title.

This section shall be known and may be cited as "The City of Atlanta Elevator Code, 1990 Edition," hereinafter referred to as "this code."

101.2. Scope.

The provisions of this code shall apply to the construction, installation, alteration, repair, location, use, and maintenance of all new and existing elevators, escalators, manlifts, personnel hoists, and related equipment unless specifically exempted by statute or ordinance within the corporate limits of the City of Atlanta, Georgia.

The scope of this code does not apply to Georgia laws regulating and licensing carnival rides (see Title 34 of the Official Code of Georgia Annotated).

This code is hereby declared to be remedial; other codes and ordinances affecting the construction installation, alteration, repair, location, use, and maintenance of elevators, escalators, manlifts, personnel hoists, and related equipment are as follows:

(a)

Electrical Code: See the Electrical Code, Bureau of Buildings, Electrical Division.

(b)

Building Code: See the Building Code, Bureau of Buildings, Building Inspection Division.

(c)

Gas Code: See the Gas Code, Bureau of Buildings, Heating, Ventilating and Air Conditioning (HVAC) Division.

(d)

Heating and Air Conditioning Code: See the Heating and Air Conditioning Code, Bureau of Buildings, HVAC Division.

(e)

Housing Code: See the Atlanta Housing Code, Bureau of Buildings, Housing Division.

(f)

Commercial, Institutional and Industrial Building Maintenance Code: See the Commercial, Institutional and Industrial Building Maintenance Code, Bureau of Buildings, Building Inspection Division.

(g)

Plumbing Code: See the Plumbing Code, Bureau of Buildings, Plumbing Division.

(h)

Fire Prevention Code: For regulations governing fire prevention, see the Fire Prevention Code, Department of Public Safety, Bureau of Fire Service.

(i)

Zoning Ordinance: See the Zoning Ordinance, Bureau of Buildings, Zoning Division.

(j)

Georgia Fire Safety Law: For regulations governing means of egress and safety to life requirements, see the Georgia Fire Safety Law and the rules of the Georgia Safety Fire Commissioner pertaining thereto, Bureau of Buildings, Building Inspection Division.

(k)

Georgia State Energy Code for Buildings: See the Georgia State Energy Code for Buildings, Bureau of Buildings, HVAC Division.

(l)

Georgia State Code for Handicapped Accessibility: See Title 30, Code of Georgia, Chapter 3, "Access to and Use of Public Buildings by Physically Handicapped Persons."

101.3. Purpose.

The purpose of this code is to provide minimum standards and regulations to safeguard life, limb, health, property, and public welfare of the citizens of the City of Atlanta, Georgia.

101.4. All New Work To Conform.

No equipment or system, as hereinafter specified in this code, shall be installed, constructed, erected, altered or repaired except in conformity with the provision of this code.

The Georgia laws and rules of the Georgia Department of Labor Safety Engineering, chapter 300-3-6, regulating elevators and escalators attached to this section as exhibit "A" is hereby adopted as the code governing elevators, dumbwaiters, escalators, moving walks, manlifts and other devices for the City of Atlanta with the following amendments and the provisions of this chapter:

(1)

That the term "department" shall mean the City of Atlanta, Bureau of Buildings, unless otherwise noted.

(2)

That the term "section" shall mean the Electrical Division, Bureau of Buildings, City of Atlanta.

(3)

That all fees required shall be paid to the City of Atlanta.

101.5. Use and Maintenance.

(a)

It shall be unlawful to maintain, use, repair, or alter any equipment or system that has been or will be installed, constructed or erected after the adoption of this code, that is in violation or will violate the provisions of this code.

(b)

No equipment or system as hereinafter specified in this code shall be used unless it is in a safe condition.

101.6. Existing Installations.

All existing installations shall only be altered or repaired in conformity with the provisions of this code.

(a)

Every elevator, dumbwaiter, manlift, moving walk, and escalator shall be maintained by the owner or lessee in a safe operating condition and in conformity with the rules and regulations specified by this code.

(b)

Before any alteration can be made to any elevator, escalator, manlift, moving walk, or dumbwaiter already placed in service, the owner or lessee shall be required to notify the department of any such alteration. The department shall be authorized to conduct an inspection after any such alteration.

(c)

Power passenger elevators, escalators, manlifts, and moving walks shall be inspected once during each six-month period.

(d)

Power freight elevators, hand elevators, and power and hand dumbwaiters shall be inspected once during each 12-month period.

(e)

Inspections on existing elevators may be performed by private businesses or private corporations (third party inspectors) provided:

(1)

Such inspectors shall be certified by State of Georgia Department of Labor, Safety Engineering.

(2)

That the City of Atlanta Electrical Division be notified prior to January 1, of each year, in writing of the location of all jobs to be reinspected.

(3)

That the City of Atlanta is provided a written report for each inspection with a list of violations, compliance limitation and instructions to issue or not to issue an operating permit as provided in section 104.8.

(4)

Submit applicable fee per unit to bureau of buildings, electrical division for operating permit along with instructions as to where they should be mailed.

(5)

All such inspections by private businesses or private corporations shall be subject to review by the Director, Bureau of Buildings or his representative.

SECTION 102

ORGANIZATION

102.1. Director.

The term "director" means the director, bureau of buildings or his authorized representative. The director, bureau of buildings shall receive applications required by this code, issue permits and furnish the prescribed certificates. He shall examine the equipment or system for which permits have been issued and shall make necessary inspections to see that the provisions of the law and this code are met. He shall enforce all laws relating to the construction, alteration, repair, installation, erection, removal, use, location, and maintenance of equipment or systems, except as may be otherwise provided for in other ordinances or regulatory measures. He shall, when requested by proper authorities, or when the interests of the City of Atlanta so require, make investigations in connection with matters referred to in this code and render written reports on the same. To enforce compliance with law, to remove illegal or unsafe conditions or to secure the necessary safeguards, he shall issue such notices or orders as may be necessary.

102.2. Inspection Required.

(a)

Inspections required under the provisions of this code shall be made by the director, bureau of buildings or his duly authorized representatives except as otherwise noted. Upon presentation of proper credentials, he may enter, at reasonable times, any building, structure or premises in the City of Atlanta to perform any duty imposed upon him by this code. The director, bureau of buildings and his authorized representatives are hereby authorized and directed to enforce all provisions of this code, and are hereby invested with all police power for the purpose of issuing subpoenas, issuing official correction notices, and otherwise ensuring the elimination of any violation of this code.

(b)

All installations of any equipment or system for which a permit has been issued as prescribed in this code shall be subject to inspection by the director of the bureau of buildings or his duly authorized representatives.

(c)

It shall be unlawful for any person, firm or corporation, their agents or employees, to use any elevator or escalator equipment until it has been inspected and approved.

(d)

Elevator equipment shall not be turned on until final approval is granted by the director, the bureau of buildings. This section will not prevent the issuance of temporary authorization of service. Where electrical power has been turned on to any elevator equipment installation which violates this code, the director, bureau of buildings may cause said electrical power for elevator equipment to be immediately terminated.

102.3. Rules.

(a)

The director, bureau of buildings shall promulgate rules as prescribed in this code and consistent therewith, it being the intent of this requirement that the standards of federal and state departments or bureaus may be amended from time to time, shall serve as a guide in establishing the minimum rules of practice under this code.

(b)

For the purpose of securing for the public the benefits of new developments and yet ensuring public safety, the director, bureau of buildings shall make or cause to be made investigations, or may accept duly authenticated reports from recognized sources of new materials, equipment or systems intended for use in the City of Atlanta which are not provided for in this code, and shall promulgate rules setting forth the conditions under which such material, equipment or systems may be used.

102.4. Records.

(a)

The director, bureau of buildings shall keep comprehensive records of applications or permits issued, of inspections made, of reports rendered, and of notices or orders issued, and shall retain on file copies of all documents relating to the equipment, appliances or systems for which a permit has been issued for a period of not less than two years after final inspections.

(b)

All such records shall be open to public inspection in compliance with the Open Records Act of the State of Georgia.

SECTION 103

APPLICATION FOR PERMIT

103.1. When Required.

(a)

It shall be unlawful to construct, erect, install, alter or repair or to commence the construction, erection, installation or alteration of any equipment or system provided for in this code without first filing with the director, bureau of buildings an application in writing and obtaining a formal permit in conformity with this code.

(b)

In the event that any work is found to have been started without the required permit first being obtained, the aforementioned fees, where applicable, shall be doubled. However, in no event shall the penalty exceed $1,000.00.

103.2. Application Form.

(a)

An application for permit shall be submitted in such form as the director, bureau of buildings may prescribe.

(b)

Such application shall be made by the elevator contractor, and it shall be the joint responsibility of the owner and the contractor to see that a permit is obtained before any installation or work is started.

(c)

Such application shall contain the full names and addresses of the applicant and of the owner of the property.

(d)

Such application shall describe briefly the proposed work and shall give such additional information as may be required by the director, bureau of buildings for an intelligent understanding of work.

(e)

Such application shall be issued only to those persons holding a current City of Atlanta business license.

(f)

Section 103.2(b) shall not limit any person wishing solely to make such application for the purpose of requesting a reinspection of property by the electrical division of the bureau of buildings.

103.3. Plans and Specifications.

(a)

When required by the director, bureau of buildings, two or more copies of specifications, and of drawings drawn to scale with sufficient clarity and detail to indicate the nature and character of the work, shall contain the name and address of the designer and information in the form of notes or otherwise as to the quality of materials, were quality is essential to conformity with this code. Such information shall be specific and this code shall not be cited as whole or in part, nor shall the term "legal" or its equivalent be used as a substitute for specific information.

(b)

The director, bureau of buildings may require details, computations and other data necessary to describe the construction and basis of calculations and they shall bear the signature of the person responsible for the design.

(c)

All drawings, specifications and accompanying data shall bear the name and address of the designer.

SECTION 104

PERMITS

104.1. Action on Application.

(a)

Application for permits shall be examined within a reasonable time after filing. If, after examination, no objection is found to the same and it appears that the proposed work will be in compliance with the laws and ordinances applicable thereto, the application shall be approved and a permit issued for the proposed work. If examination reveals otherwise, such application shall be rejected and the applicant notified by a written report or otherwise.

(b)

The issuance or granting of a permit or approval of plans and specifications shall not be construed to be a permit for or an approval of any violations of any of the provisions of this code. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid, except insofar as the work or use which it authorizes is lawful.

(c)

The issuance of a permit based on applications, plans and/or specifications shall not prevent the director, bureau of buildings from thereafter requiring the correction of the errors in said applications, plans and/or specifications or from preventing the work from being carried on thereunder when in violation of this code or of any other ordinances of the City of Atlanta.

(d)

No partnership or corporation engaged in the business of elevator contracting installation or repairing shall be entitled to a permit under this code for such business activities unless there connected with such partnership or corporation a person or persons actually engaged in the performance of such business on a full-time basis.

104.2. Fees.

(a)

No elevator permit shall be valid until the fees prescribed in this section have been paid to the City of Atlanta. Schedule of permit fees are as follows:

1.

Passenger or freight base price, per unit ..... $400.00

Plus, each opening ..... 15.00

2.

Dumbwaiter and material lift, per unit ..... 150.00

3.

Escalator, per unit ..... 150.00

4.

Workmen's hoist, initial inspection per unit ..... 250.00

5.

Workmen's hoist, tower rise, per jump ..... 100.00

6.

Private residence inclined lifts and elevators ..... 250.00

7.

Belt manlift ..... 250.00

8.

Special purpose personnel elevators and wheelchair lifts, per unit ..... 250.00

9.

Two acceptance inspections and the operating permit fees are included in the installation permit fee. All additional inspections shell be (per hour) ..... 75.00

10.

Major alteration permits:

(a)

Each alteration per unit ..... 250.00

(b)

Each additional alteration per unit ..... 20.00

(c)

Maximum alteration fee, per unit ..... 200.00

11.

The acceptance inspection fee is included in the major alteration permit fee. The alterations acceptance inspections will not change the normal inspection or the operating permit due date.

Additional inspections per hour ..... 75.00

12.

Operating permit:

(a)

Operating permit-one year price per unit ..... 70.00

(b)

Temporary operating permit, per unit ..... 70.00

13.

Inspection for temporary elevator, per unit ..... 200.00

14.

Others:

(a)

Operating equipment without an operating certificate.
(O.C.G.A. § 8-2-103)

First offense ..... 250.00

Second offense ..... 500.00

(b)

Operating equipment in an unsafe condition.
(O.C.G.A. § 8-2-101)

First offense ..... 500.00

Second offense ..... 1,000.00

(c)

Failing to notify the elevator division of any accidents involving structural damage or injury as defined in the definition section. (O.C.G.A. § 8-2-106)

First offense ..... 500.00

Second offense ..... 1,000.00

(d)

Failing to notify the elevator division of an accident, which involves death. (O.C.G.A. A. § 8-2-106) ..... 5,000.00

(e)

Placing unit back in service which has been red tagged and placed out of service without first having been inspected. (O.C.G.A. § 8-2-102)

First offense ..... 1,000.00

Second offense ..... 2,500.00

(f)

Turning equipment over for use without a final acceptance inspection. (O.C.G.A. § 8-2-101)

First offense ..... 500.00

Second offense ..... 1,000.00

15.

Reinspection fee, per unit each inspection ..... 75.00

If any part of a permitted job is found not to have been included in the permit, the cost of including said work in the permit shall be double the usual cost, however in no event shall the penalty exceed $1,000.00

16.

In the event that any work is found to have started without a permit first being obtained, the above permit fees will be doubled for the permit, however, in no event shall the penalty exceed $1,000.00.

104.3. Refund of Permit Fees.

Within six months from the date of issuance of a permit, a refund request may be granted for the following:

(a)

When a permit has been issued in error as determined by the director, the total fee may be refund provided no work has commenced on that permit.

(b)

When a permit has been issued and the job has been canceled, 50 percent of the permit fee may be refunded provided no work has commenced on that permit.

All applications for refunds shall be in writing and shall state the reasons for the request.

104.4. Conditions for Permit.

(a)

All work performed under a permit shall conform to the approved application and plans, and approved amendments thereto, and all codes or ordinances governing the work or equipment for which the permit was issued. All work requiring a permit shall be performed by an individual, contractor, firm or corporation holding a valid business license in the City of Atlanta.

(b)

One set of approved plans, specifications and computations shall be retained by the director, and one set of approved plans and specifications shall be returned to the applicant, which shall be kept on the work site at all times during which the work authorized thereby is in progress.

104.5. Expiration of Permit.

A permit for construction under which no work is commenced within six months after issuance, or where the work commenced is suspended or abandoned for six months, shall expire by limitation, and fees paid shall be forfeited. The application, plans and specifications shall be reviewed and a new permit required before work is started or resumed.

104.6. Revocation of Permit.

The director may revoke a permit or approval, issued under the provisions of this code in conformity with section 106 in any case where there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based, or whenever any work done under said permit violates the provisions of any code applicable thereto or is done in violation of the approved plans or specifications on file in the bureau of buildings.

104.7. Posting of Permit.

A copy of the permit shall be kept on the premises for public inspection during the prosecution of the work and until the completion of the same.

104.8. Operating Permit.

After the prescribed tests and inspection indicate that the work complies in all respects with this Code, the director, bureau of buildings shall issue an operating permit authorizing use of the equipment.

SECTION 105

UNSAFE SYSTEMS OR EQUIPMENT

105.1. Removal of Service From Repair of Unsafe Equipment.

Systems or equipment covered by this code that may be found upon inspection to have become dangerous or unsafe shall be made safe and so certified by the director, bureau of buildings or shall be removed from service or the use of same discontinued.

105.2. Notice of Unsafe System or Equipment.

(a)

Upon receipt of information that systems or pieces of equipment covered by this code are unsafe, the director, bureau of buildings shall make or cause to be made an inspection; and if it is found that an unsafe condition exists, he shall serve or cause to be personally served on the owner, or one of the owners, executors, administrators, agents, lessees, or other persons who may have a vested or contingent interest in the same, a written notice containing the description of the particulars in which the systems or equipment are unsafe, and an order requiring the same to be made safe, as may be deemed necessary by the director, bureau of buildings.

(b)

If the person to whom such notice and order is addressed cannot be found, after diligent search, then such notice and order shall be sent by registered mail to the last-known address of such person; and a copy of such notice shall be posted in a conspicuous place on the premises to which it relates. Such mailing and posting shall be deemed adequate notice.

105.3. Disregard of Notice.

If a person served with a notice or order to remove existing unsafe conditions from systems or equipment or discontinue the use of same, should fail within a reasonable time as set by the director, bureau of buildings to comply with the requirements thereof, the director, bureau of buildings shall advise the proper prosecuting authority of all the facts in the case, and shall institute an appropriate action in the courts to compel a compliance, and/or may cause the electrical power from elevator equipment to be disconnected to ensure safety, and/or may subject the holder of the operating permit to the provisions of Georgia laws regulating escalators and elevators, O.C.G.A. 102(C), authorizing the director to levy a civil penalty. This section shall be in addition to section 300-3-6-.09 and section 300-3-6-.10.

SECTION 106

VIOLATIONS

106.1. Notice Section.

(a)

Whenever the director, bureau of buildings is satisfied that system or equipment, or any work in connection therewith that is covered by this code, is being erected, installed, altered or repaired in violation of the provisions or requirements of this code or in violation of plans or specifications submitted and approved thereunder, or of a permit issued thereunder, he shall serve a written notice or order upon the person responsible therefor directing discontinuance of such illegal action and the remedying of the condition that is in violation of the provisions or requirements of this code.

(b)

In case such notice or order is not promptly complied with, the director of the bureau of buildings shall request the city attorney or other proper prosecuting authority to institute an appropriate action or proceeding at law or in equity, to restrain, correct or remove such violation, or the execution of work thereon, or to prevent the use of any systems or equipment, in violation of or not in compliance with or with respect to which the requirements thereof, or of any order or direction made pursuant to provisions contained therein, shall not have been complied with.

106.2. Stopping Work.

(a)

Whenever, in the opinion of the director, bureau of buildings, defective or illegal work in violation of a provision or requirements of this code is in progress, he shall order, in writing or otherwise, such work to be stopped, and may require suspension of all work until the condition in violation has been corrected.

(b)

The director, bureau of buildings shall have authority, after due notice, to cut off electrical power to any elevator equipment which, in his opinion, is unsafe to life or property and to require discontinuance of the same until the elevator equipment is made safe in conformance with this code.

106.3. Penalties.

(a)

Any person, firm or corporation who shall violate a provision of this code or fails to comply therewith or with any of the requirements thereof, in the City of Atlanta Municipal Court, shall be assessed a fine of not less than $50.00 nor more than $500.00 and/or sentenced to no more than 60 days in jail. Where any offense continues from day to day, each day's continuance thereof shall be deemed a separate offense. This section shall be in addition to sections 300-6.09 and .10.

(b)

The owner or lessee of a building, structure or premises, where anything in violation of this code shall be placed or shall exist, and any architect, engineer, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of such violations shall be guilty of a separate offense and upon conviction thereof shall be sentenced as provided in section 103.6(a).

106.4. Abatement.

The imposition of the penalties herein prescribed shall not preclude the City of Atlanta from instituting an appropriate civil action or proceeding to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use of any elevator equipment nor shall anything preclude the City of Atlanta from proceeding to restrain, correct or abate a violation, or to prevent the use of any equipment, appliance or system covered by this Code.

SECTION 107

APPEALS

107.1. Procedure.

(a)

Any person aggrieved by an order or an act of an inspector under this chapter may, within 15 days of notice thereof, appeal from such order or act to the Georgia Commissioner of Labor who shall, within 30 days thereafter, issue an appropriate order either approving or disapproving said order or act. A copy of such order by the Georgia Commissioner of Labor shall be given to all interested parties.

(b)

This part, as it applies to the Georgia Commissioner of Labor and the Georgia Department of Labor, shall be governed by chapter 13 of title 50, the "Georgia Administrative Procedure Act."

(Code 1977, § 8-2103; Ord. No. 2002-35, § 5, 5-28-02)